Applicant M70 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 132

FEDERAL COURT OF AUSTRALIA

Applicant M70 of 2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 132 ADMINISTRATIVE LAW – prerogative writs – discretion to refuse relief due to delay – delay of five years MIGRATION – protection visa – failure to consider relevant considerations – whether Tribunal must specifically record findings on all evidence before it Migration Act 1958 (Cth) s 417 Judiciary Act 1903 (Cth) s 39B High Court Rules 1952 O 55 rr 17, 30 Federal Court Rules

Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82 referred to Re Commonwealth of Australia; Ex parte Marks (2000) 177 ALR 491 followed APPLICANT M70 OF 2002 v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS and THE REFUGEE REVIEW TRIBUNAL V 5 OF 2004 HEEREY, DOWSETT and BENNETT JJ 17 MAY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 5 OF 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: APPLICANT M70 OF 2002

APPELLANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

FIRST RESPONDENT

THE REFUGEE REVIEW TRIBUNAL

SECOND RESPONDENT

JUDGES: HEEREY, DOWSETT and BENNETT JJ

DATE OF ORDER: 17 MAY 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for an extension of time be dismissed; 2. The application for leave to appeal be dismissed; 3. The purported appeal be dismissed; and 4. The appellant pay the costs of both respondents of the applications and of the purported appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 5 OF 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA